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HomeMy WebLinkAboutBZ Packet 05.28.20CI I Y OF�— Agenda Hugo Board of Adjustments and Appeals Thursday, May 28, 2020 REMOTE MEETING 6:30 PM Meeting to be held remotely pursuant Minn. Stat. Sec. 13D.021 Anyone who wishes to speak at the meeting is strongly encouraged to make arrangements by 4:30 p.m. on the day of the meeting by contacting Community Development Assistant, Emily Weber at 651-762-6311 or eweber@ci.hugo.mn.us. For more information on the remote meeting and participation, go to: www.ci.hugo.mn.us/participate Meeting ID: 864 5507 5725 A. ROLL CALL: Arcand, Mulvihill, Weidt B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. August, 22, 2019 D. PUBLIC HEARING 1. Richard and Cynthia Degnan, 12160 Falcon Avenue North, variance request from the rear yard setback requirement. L ZP&ritI31-L9I>•I&SI F. OLD BUSINESS C�_1�1�1�1:1>• I � � 1 �>•>f � If you need accommodations for the meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. MINUTES HUGO BOARD OF ZONING ADJUSTMENTS AND APPEALS AUGUST 22, 2019 Chairperson Weidt called the meeting to order at 6:30 p.m. Roll Call PRESENT: Arcand, Mulvihill, Weidt. ABSENT: None. ALSO PRESENT: Rachel Juba, Community Development Director Emily Weber, Community Development Assistant Approval of Minutes Arcand made a motion, Mulvihill seconded, to approve the minutes for June 13, 2019, as presented. All Ayes. Motion carried. MWF Properties — Variance request for the height of Rosemary Apartments Staff provided background on the variance request for Rosemary Apartments. The variance request is to allow the apartment building to be 45 feet and 7 inches tall. City Council approved the site plan and conditional use permit for Rosemary Apartments on April 15, 2019. Juba provided the criteria of approval for a variance request and stated that it is in staff s opinion that the applicant has practical difficulties in meeting the zoning requirement. Staff recommended the Board open the public hearing and take public comment. Staff recommended approval of the variance request for Rosemary Apartments to allow the building to be 45 feet an 7 inches, where 35 feet is required by ordinance. The applicant, Chris Stokka, 7645 Lyndale Avenue South, Minneapolis, MN 55423, came forward to address the Board. Chairperson Weidt opened the public hearing at 6:42 p.m. Dave Bowmister — 4790 Rosemary Way, Christ Lutheran Church, came forward to clarify the height of the building. Juba answered that the height is measured from the average finished grade, not the existing grade. Chairperson Weidt closed the public hearing at 6:45 p.m. Board Member Mulvihill made a motion, seconded by Arcand, to recommend approval to the City Council of the variance request for Rosemary Apartments to allow the building to be 45 feet 7 inches, where 35 feet is required by ordinance. All Ayes. Motion carried. Adiournment Arcand made a motion, Mulvihill seconded, to adjourn at 6:46 p.m. All Ayes. Motion carried. Respectfully Submitted, Emily Weber, Community Development Assistant Agenda Number D.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Board of Zoning Adjustments FROM: Emily Weber, Community Development Assistant SUBJECT: Richard and Cynthia Degnan, 12160 Falcon Avenue North. Variance request from the rear yard setback requirement. DATE: May 20, 2020 for the Board Meeting on May 28, 2020. ZONING: Large Lot Single Family Residential (R-1). REVIEW DEADLINE: June 16, 2020. 1. DESCRIPTION OF REQUEST: The applicant is requesting a variance from the rear yard setback requirement for a proposed accessory building. The request is to allow the accessory building to be built 10 feet from the rear lot line where 30 feet is required by ordinance. The property is approximately one acre and is located within the Large Lot Single Family Residential (R-1) zoning district. 2. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 3. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned R-1 and are classified as Very Low Density in the 2040 Land Use Plan. The surrounding properties range from one to five acres in size and are occupied by residential homes. Degnan Variance - 12160 Falcon Ave N Page 2 B. Setback Requirement Variance The R-1 zoning district requires a 30 foot rear yard building setback. The applicant is requesting to build a 780 square foot accessory building 10 feet from the rear lot line. 4. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Per City Code, any property zoned R-1 that is less than three acres in size shall be allowed two accessory buildings with a maximum combined size of 1,500 square feet. The construction of a 780 square foot accessory building on the property is permitted and it is in staff s opinion that it is reasonable to request a variance for setback requirements due to the conditions on site. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and, The property is unique in that there is a naturally occurring swale and two existing, mature oak trees near 30 feet from the rear yard lot line. Should the proposed accessory building be built meeting the rear yard setback requirements, there is a potential for drainage to be impeded on the site and would require the removal of the oak trees. The mature oak trees provide screening from the adjacent properties as well as from Falcon Avenue. In addition to the natural characteristics of the property, the location of the existing well and the area set aside for a potential future septic mound limit the location of an accessory building on site. c. Character ofNei,-hborhood. The variance, ifgranted, will not alter the essential character of the neighborhood. Single family homes are the primary use within this area and are allowed in the R-1 zoning district. There are similar properties in the area that also have accessory buildings on site. The proposed setback variance would not noticeably alter the character of the area. W Degnan Variance — 12160 Falcon Ave N Page 3 It is in staff s opinion that there are practical difficulties in meeting the R-1 setback requirements. The property owner is proposing to use the property in a reasonable manner by constructing an accessory building. The location of two mature oak trees, the low point of the property, the existing well, and the area set aside for a potential future septic mound make it not feasible to meet the rear yard setback requirement of 30 feet. Given the location of the proposed accessory building and the existing vegetation on site, the approval of the variance request would not noticeably alter the character of the neighborhood. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City's Comprehensive Plan. The spirit and intent of the City Code is to allow accessory buildings to be built on residential properties and the proposed accessory building is permitted on site. The variance request would result in the proposed accessory building to be built in the location best fit for the applicant's rear yard. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are permitted in the R-1 zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by well and septic systems. Any future septic system installed must comply with city and state codes. 5. CONCLUSION: The applicant is requesting a variance from the Large Lot Single Family Residential (R-1) zoning district setback requirements to allow an accessory building to be built 10 feet from the rear lot line, where 30 feet is required by City Code. It's in staffs opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Rich Degnan, 12160 Falcon Avenue North, to allow an accessory building to be built 10 feet from the rear lot line, where 30 feet is required by ordinance. Degnan Variance — 12160 Falcon Ave N Page 4 ATTACHMENTS: 1. Location Map 2. Resolution 3. Site Plan 4. Elevations 5. Applicant's Narrative m m 3 y I r Y� 1 r 4 - �= ■ I RESOLUTION 2020-XX APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR AN ACCESSORY BUILDING LOCATED AT 12160 FALCON AVENUE NORTH. WHEREAS, Rich Degnan has requested approval of a variance request to allow an accessory building to be built 10 feet from the rear lot line, where 30 feet is required by the Large Lot Single Family (R-1) Zoning District regulations for the property legally described as follows: The North 210 feet of the South 442 feet of that part of the Southeast'/4 of the Southeast 1/4 of Section 31, Township 31, Range 21, Washington County, Minnesota, lying West of the West line of Falcon Avenue North and North of the North line of 121" Street North (formerly Euclid Avenue in the plat of Shadyside No. 4 extended Easterly), according to the United States Government survey thereof. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on May 28, 2020, and recommends approval with the following findings and conditions: 1. The requested variance is permissible by law. 2. Due to circumstances unique to the property the applicant is proposing to use the property in a reasonable manner. 3. The setback variance on the applicant's proposed accessory building would not noticeably alter the character of the area. 4. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 5. The addition to a house is allowed in the R-1 zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The well and septic systems on the property are required to comply with City and State codes. 8. The applicant must apply and receive a building permit prior to construction of the accessory building. 9. The accessory building shall meet all building code requirements. 10. The accessory building shall resemble, in style, materials, color, roofline, and siding type, the principle building on the lot Resolution 2020-XX Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Rich Degnan, 12160 Falcon Avenue North, to construct an accessory building 10 feet from the rear lot line, where 30 feet is required by ordinance. ADOPTED by the City Council this 15ffi day of June, 2020. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk -MEE Aw CP VIA Exi -5ri 4tT I,, I 1� Nnp- UTI LITIES rAL id- 3-2 4 t0f4 lz" 'COLO, Quis FSLAC K }}ILLS 5pa,,ICC-- N'. k, zc�l 0 f " 72 I-V oa) 4. ID -rn , fL, MA—voia-4 Tk-Cclw' 'TC L sT,wo 4pSO - 42 9 -3$17 �3t1�'rrtYf�x '�'tt�� = ,�;.,-:a� .<�-. �-� :yam �xt5r► 't"R� j• � _.. T t FrFef VIP _ 40 ! ! e Zn n Qi ZIP n t Olt � Ve •, 38 - ReD OAlc -- taf_ 32„ 4 — A5f4 - 51KCIA — lost } - maunrrp-t t,! f SFi - G" - j — COLO. t3wE 8 - UAc k H ILL$- SPR%jCC l�.u)RY MOM OM t"1A`R►� i'Ce ,c, To S, - ALLOO ACCESS, AWI> MAaUml p941lI t"� b DRIVEWAY 15 Wktic Sfi rL&14i� Mu 5stt lo5 1 - 42 9. -05.417 u LU mr SEE �Q 14 olrvn m 16, N } { � } � � { } \ } � { a 13 9 %I- E42 Owmers, g Richard and Cyndni a Degpan request variance to construct a garage at Falcon White Bea. Rf t$1$ i01 The proposed hmation is on the N-W. Comer of the property. CWrent building guidefitws requkedurty 3=setbackfrom therearproperty$.' and e3 footIside o tf## ' i # i f t`�i:. G $ is! = c # iv" # o e: `,lt,r € }.tt c n $,i "# $ #tback for ft following reason& continuesto, Worththroughthenext acre,# ..artf into a ditch. 3' required ii setback would pL-=. the structure widnn this natur-al flow. This plac, emeat could potentially cai e backup of # Flooding our property nd the neighbor to our ; # Moving the struchwe out of this flow woWd alleviate this potential. (See attached *awinp submitted with application -I Preservation, This. property acre with many mature trees- . 9r` ti" i of i structure ;x. uti would be detrimental to two ; these mature oak trees-; situated within the tree drip lines caismg damp to. the Y" "stems and potentwIly killing the trees. Also making access to the entry of the structure difficult. Moving the structure back- would allev_iate this. issue Won (See attachedArawings submitted with aWlication-) .tt A dedicated area has be= set aside for fimot septic system needs if required. The existmi I on the the as#. `+ ' §t " € 3 �. $,.' 1 ti } 'i s) I IIW17IWI.sT $ # IIIA i (Prior Cbk § 1015-M.1; Ot& N14L 2DO9-434, f 1, 10-5-20W, OaL No. 20114.59, f 1, 10-1-